1-1 By: Greenberg (Senate Sponsor - Zaffirini) H.B. No. 1559 1-2 (In the Senate - Received from the House May 13, 1993; 1-3 May 14, 1993, read first time and referred to Committee on Natural 1-4 Resources; May 21, 1993, reported favorably by the following vote: 1-5 Yeas 9, Nays 0; May 21, 1993, sent to printer.) 1-6 COMMITTEE VOTE 1-7 Yea Nay PNV Absent 1-8 Sims x 1-9 Truan x 1-10 Armbrister x 1-11 Barrientos x 1-12 Bivins x 1-13 Brown x 1-14 Carriker x 1-15 Lucio x 1-16 Montford x 1-17 Ratliff x 1-18 Shelley x 1-19 A BILL TO BE ENTITLED 1-20 AN ACT 1-21 relating to the establishment of tree planting and other urban 1-22 forestry practices to protect and maintain the state's urban forest 1-23 resources. 1-24 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-25 SECTION 1. Chapter 88, Education Code, is amended by adding 1-26 Subchapter G to read as follows: 1-27 SUBCHAPTER G. URBAN AND COMMUNITY FORESTRY 1-28 Sec. 88.551. SHORT TITLE. This subchapter may be cited as 1-29 the Texas-Grown Urban and Community Forest Act. 1-30 Sec. 88.552. PURPOSE. The purpose of this subchapter is to: 1-31 (1) improve understanding of the benefits of 1-32 preserving existing tree cover in urban areas and communities; 1-33 (2) encourage owners of private residences and 1-34 commercial properties to maintain trees and to expand forest cover 1-35 on their properties; 1-36 (3) provide educational programs and technical 1-37 assistance to local governments and organizations to maintain and 1-38 protect existing forests and to identify sites for expanding forest 1-39 cover; 1-40 (4) provide assistance through competitive matching 1-41 grants to local units of government, to approved charitable 1-42 organizations that meet the requirements of Section 501(c)(3) of 1-43 the Internal Revenue Code of 1986, and to other local community 1-44 tree volunteer groups for urban and community forestry projects; 1-45 (5) coordinate the activities of various state 1-46 agencies to maximize the state resources available to establish and 1-47 protect as much tree cover on public lands as practical; 1-48 (6) establish a tree planting program to reduce carbon 1-49 dioxide emissions, conserve energy, and improve air and water 1-50 quality in addition to providing other environmental benefits; 1-51 (7) mitigate the loss of trees caused by the clearing 1-52 of land or urbanization; 1-53 (8) promote local tree production in Texas; and 1-54 (9) decrease energy consumption by providing shade, 1-55 blocking winds, and adding moisture to the air. 1-56 Sec. 88.553. DEFINITIONS. In this subchapter: 1-57 (1) "Director" has the meaning assigned by Section 1-58 88.101 of this code. 1-59 (2) "Forest service" means the Texas Forest Service. 1-60 Sec. 88.554. GENERAL AUTHORITY OF DIRECTOR. (a) The 1-61 director may provide financial, technical, and related assistance 1-62 to a unit of local government and to other persons to encourage 1-63 cooperative efforts to plan urban forestry programs to plant, 1-64 protect, and maintain trees in open spaces, parks, roadside 1-65 corridors, and other suitable public and private lands. 1-66 (b) The director may cooperate with members of the public, 1-67 including private nonprofit organizations and units of local 1-68 government, in providing assistance under Subsection (a) of this 2-1 section. 2-2 Sec. 88.555. EDUCATION AND TECHNICAL ASSISTANCE PROGRAM. 2-3 The director, in cooperation with other state officials, local 2-4 governments, and interested members of the public, shall implement 2-5 a program of education and technical assistance for urban and 2-6 community forest resources. The director shall design the program 2-7 to: 2-8 (1) assist urban areas and communities in inventorying 2-9 their forest resources, identifying planting opportunities and tree 2-10 maintenance or management needs, and preparing resource development 2-11 and management plans for trees and related resources; and 2-12 (2) increase public understanding of the energy 2-13 conservation, economic, social, environmental, and psychological 2-14 value of trees and open space in urban and community environments. 2-15 Sec. 88.556. COST-SHARE PROGRAM. (a) The director shall 2-16 establish an urban and community forestry challenge cost-share 2-17 program. The program shall provide money and other support to 2-18 eligible communities and organizations on a competitive basis for 2-19 urban and community projects. The director shall make awards under 2-20 the program at a frequency and in accordance with criteria 2-21 determined by the director. In developing the criteria, the 2-22 director may consider recommendations of the National Urban and 2-23 Community Forestry Advisory Council, the Texas Urban Forestry 2-24 Advisory Council, and appropriate nonprofit organizations organized 2-25 to promote urban forestry. 2-26 (b) The share of support provided under this section from 2-27 the urban and community forestry fund may not exceed 50 percent of 2-28 the cost for a project and shall be provided on a matching basis. 2-29 The match for the share from the fund may be in the form of cash, 2-30 services, or in-kind contributions. 2-31 (c) The forest service may adopt rules necessary or 2-32 appropriate to administer and achieve the purpose of this 2-33 subchapter. 2-34 Sec. 88.557. URBAN AND COMMUNITY FORESTRY FUND. (a) A 2-35 special revolving fund is established as a dedicated account within 2-36 the general revenue fund. The fund may be used only to purchase 2-37 plants from firms with a valid Nurser/Floral Inspection Certificate 2-38 from the Texas Department of Agriculture, to administer this 2-39 subchapter, and to provide funding for the programs established by 2-40 this subchapter. 2-41 (b) The fund consists of: 2-42 (1) federal and state grants; 2-43 (2) money from nursery owner, dealer, and agent 2-44 registration fees paid to the Department of Agriculture; 2-45 (3) private contributions; and 2-46 (4) depository interest and investment income earned 2-47 on amounts in the fund. 2-48 (c) The state treasurer is the custodian of the fund. The 2-49 comptroller shall issue warrants for the fund supported only by 2-50 vouchers signed by the director. 2-51 Sec. 88.558. TEXAS URBAN AND COMMUNITY FORESTRY ACTION PLAN. 2-52 (a) The director shall prepare a Texas urban and community 2-53 forestry action plan. The director, in preparing the plan, may 2-54 consult with the National Urban and Community Forestry Advisory 2-55 Council established under 16 U.S.C. Section 2105(g), the Texas 2-56 Urban Forestry Advisory Council, and the members of the Texas Green 2-57 Industry Council. The plan must include: 2-58 (1) an assessment of the status of urban forest 2-59 resources in the state; 2-60 (2) a review of urban and community forestry programs 2-61 in the state, including education and technical assistance 2-62 activities conducted by the forest service, other state agencies, 2-63 local governments, private nonprofit organizations, and other 2-64 interested persons; 2-65 (3) recommendations for improving the status of the 2-66 state's urban and community forest resources, including education, 2-67 technical assistance, and modifications regarding existing programs 2-68 of relevant state agencies; 2-69 (4) an evaluation of projects under the cost-share 2-70 program; and 3-1 (5) an estimate of the resources needed to implement 3-2 the plan for the 10 fiscal years following the adoption of the 3-3 plan. 3-4 (b) The director shall revise the plan every 10 years. 3-5 (c) On completion of the plan, the director shall submit the 3-6 plan to the governor, the house of representatives committees on 3-7 agriculture and wildlife and on natural resources, and the senate 3-8 committee on natural resources. Not later than December 31 of the 3-9 second year after the year in which the plan is submitted and on 3-10 December 31 of each subsequent second year, the director shall 3-11 submit to the governor a review of the plan. 3-12 SECTION 2. Subchapter B, Chapter 71, Agriculture Code, is 3-13 amended by adding Section 71.061 to read as follows: 3-14 Sec. 71.061. DEDICATION OF PORTION OF FEES. Not later than 3-15 the 10th day of each month, the department shall send to the state 3-16 treasurer an amount equal to $15 for each nursery owner, dealer, or 3-17 agent registration or renewal fee received in the previous month. 3-18 The state treasurer shall deposit the money to the credit of the 3-19 urban and community forest fund established under Section 88.557, 3-20 Education Code. 3-21 SECTION 3. (a) The Department of Agriculture shall increase 3-22 by $15 the registration fee charged for the registration or the 3-23 renewal of registration of a nursery owner, dealer, or agent under 3-24 Section 71.043 or 71.057, Agriculture Code. The increase in the 3-25 registration or renewal fee applies to a nursery owner, dealer, or 3-26 agent of any class but does not apply to a florist unless the 3-27 florist is also a nursery owner, or a nursery dealer or agent as 3-28 those terms are defined by Section 71.057, Agriculture Code. 3-29 (b) The increase in fees and the Department of Agriculture's 3-30 duty to send money to the state treasurer provided by this section 3-31 apply only to an application for registration or renewal of 3-32 registration filed with the Department of Agriculture on or after 3-33 the effective date of the rules increasing the fees. That date may 3-34 not be later than December 1, 1993, and must be published by the 3-35 Department of Agriculture in the Texas Register. 3-36 SECTION 4. The director of the Texas Forest Service shall 3-37 prepare the initial plan required under Section 88.558, Education 3-38 Code, as added by this Act, not later than September 1, 1994. 3-39 SECTION 5. This Act takes effect September 1, 1993. 3-40 SECTION 6. The importance of this legislation and the 3-41 crowded condition of the calendars in both houses create an 3-42 emergency and an imperative public necessity that the 3-43 constitutional rule requiring bills to be read on three several 3-44 days in each house be suspended, and this rule is hereby suspended. 3-45 * * * * * 3-46 Austin, 3-47 Texas 3-48 May 21, 1993 3-49 Hon. Bob Bullock 3-50 President of the Senate 3-51 Sir: 3-52 We, your Committee on Natural Resources to which was referred H.B. 3-53 No. 1559, have had the same under consideration, and I am 3-54 instructed to report it back to the Senate with the recommendation 3-55 that it do pass and be printed. 3-56 Sims, 3-57 Chairman 3-58 * * * * * 3-59 WITNESSES 3-60 FOR AGAINST ON 3-61 ___________________________________________________________________ 3-62 Name: Barbara Cilley x 3-63 Representing: Trees for Austin 3-64 City: Austin 3-65 ------------------------------------------------------------------- 3-66 Name: Edwin Barron x 3-67 Representing: Tx Forest Service 3-68 City: 3-69 ------------------------------------------------------------------- 3-70 Name: Fred Aycock x 4-1 Representing: Tx Urban Forestry Council 4-2 City: Abilene 4-3 ------------------------------------------------------------------- 4-4 Name: Mikd Gordon x 4-5 Representing: Tx Urban Forestry Council 4-6 City: Corpus Christi 4-7 ------------------------------------------------------------------- 4-8 Name: Thomas Mikulastik x 4-9 Representing: Tx Assoc. of Landscape Contra 4-10 City: Buda 4-11 ------------------------------------------------------------------- 4-12 Name: Eddy Edmondson x 4-13 Representing: Tx Assoc. of Nurserymen 4-14 City: Austin 4-15 ------------------------------------------------------------------- 4-16 Name: Alvin Ashorn x 4-17 Representing: Tx Dept of Agriculture 4-18 City: Austin 4-19 -------------------------------------------------------------------